Terms of Use

PLEASE READ THESE TERMS CAREFULLY

Welcome to Dayco Products, LLC’s website (the “Site”). The site is owned by Dayco Products, LLC (“Dayco”). Use of this Site is conditioned upon your acceptance of the terms and conditions below (the “Terms of Use”). By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to change from time to time, and should be reviewed for changes periodically. Use of the website after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.

1. Scope of Use

This Site is provided by Dayco. All software and content included on this site, such as text, images, and logos, are the owned or licensed property of Dayco, its licensors or content suppliers and are protected by United States and other national copyright laws. Dayco grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. Otherwise, no material from this Site or any other website owned, operated, licensed, or controlled by Dayco or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as expressly permitted in these Terms of Use. Modification of the materials or use of the materials for any other purpose is a violation of Dayco’s copyright and other proprietary rights. Any product, process or technology described in this website may be the subject of other intellectual property rights reserved by Dayco or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site.

2. Privacy Policy

Any information you give us will be stored and used in accordance with Dayco’s Website Privacy Policy which may accessed by clicking here: Privacy. By indicating you accept these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Site Disclaimer

THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAYCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DAYCO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE.

DAYCO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DAYCO DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

4. Limitation of Liability

DAYCO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF DAYCO, AN AFFILIATE OF DAYCO, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAYCO ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO DAYCO, IF ANY, FOR ACCESSING THIS SITE.

5. Indemnity

If you are accessing the Site in the course of a business or commercial enterprise, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

6. User Submissions and Access Security

If you register with or otherwise provide personal or business information to this website (“registering”), by registering you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality and security of any log-in information or password that you receive. Any log-in information and password information that you receive may not be shared with or used by any other person, and may only be used as we may expressly authorize. You are solely liable for any unauthorized or otherwise unlawful use of any log-in information and password we may make available for you to access any part of this site, and you will indemnify and hold Dayco harmless from any suit, claim, loss or damage (including attorneys’ fees) arising from or relating to the unauthorized or otherwise unlawful use of any log-in information or password used to access any part of this site.

7. Changes and Modifications

Dayco, at its sole discretion, may change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when posted. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications, or revisions. Dayco may modify its products or services at any time.

Dayco may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Dayco may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability. Dayco may terminate any authorization, rights or license given to you, as provided herein, at any time.

8. Third-Party Providers and Sites and External Linking to the Site

On the Site, Dayco may provide links or other access to websites or to payment processing functions operated by other entities as a convenience to Site users. If you use these site links, you will leave Dayco’s Site. Dayco makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Dayco disclaims all liability with regard to your access to such linked web sites.

If you would like to link to this Site, you may do so only on the basis that you link to, but do not replicate, the home page of this Site. By establishing a link to this website, you will be deemed to have agreed to the following conditions:

• you will not remove, distort or otherwise alter the size or appearance of any text, description, image or content displayed on this website or any Dayco logo, trademark, service mark, copyright, or other intellectual property;

• you will not create a frame or any other browser or border environment around this Site and you will not replicate or mirror any content on this website;

• you will not in any way claim, represent or imply that Dayco endorses any products or services other than its own;

• you will not misrepresent your relationship with Dayco nor communicate any other false, misleading or disparaging information about Dayco, its products, or its affiliates, employees or customers;

• you will not otherwise use any Dayco trademarks or service marks displayed on this Site without express written permission from Dayco, and you shall make no use of such marks in a manner that is likely to cause confusion with, dilute or damage the goodwill in any Dayco trademark or service mark;

• you will not link from a website that is not owned by you; and

• you will not link this website to any other digital destination that contains content that is distasteful, pornographic, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;.

• you will immediately remove and disable all links to this website upon Dayco’s request.

Dayco expressly reserves the right to revoke the right granted in this section for breach of these terms or for any other act that Dayco determines, in its sole discretion, may damage Dayco or its business in any way, and to take any action it deems appropriate including, without limitation, disabling or blocking any link to this website and seeking appropriate legal remedies. On request by Dayco, you promptly will remove and disable any link to this website. You shall fully indemnify Dayco for any loss or damage suffered by Dayco for breach of any condition stated in this Section and for any loss, damage or claim arising from or relating to your link to this website. Dayco does not warrant or guarantee that any link to this website will be functional, and assumes no responsibility to assure that any link will access the site.

9. Trademark and Copyright Information

Trademarks and service marks that appear on the Site are trademarks of Dayco or one or more of its affiliates and may not be used in connection with any product or service that is not Dayco’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dayco. All trademarks and copyrights, unless otherwise noted, are owned or licensed by Dayco and its subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.

10. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, one of the United States of America, without reference to conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Delaware, one of the United States of America, for resolution of all disputes arising from, concerning, or related to these Terms of Use and/or your use of the Site, notwithstanding any laws regarding choice of law, venue or other jurisdictional laws or provisions in your jurisdiction. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

11. Local Laws

This Site is operated from or through one or more Dayco or third-party facilities. Dayco makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Dayco makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk, and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

12. General Terms

These Terms of Use, the Privacy Policy, and any terms of sale (including any warranty or disclaimer) constitute the entire agreement between you and Dayco with respect to the viewing and use of this Site. No modification to this agreement shall be effective unless it is executed by Dayco. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement or any notice given by Dayco in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Dayco in printed form.